Legal Opinion

Long v. Ramsay

Supreme Court of Pennsylvania

Decided September 13, 1814PublishedCited by 6 opinions

In Error. ERROR to the Common Pleas of Westmoreland county. Robert Long brought an action of debt in the court below against the executor of John Long deceased, to which the pleas were non est factum and payment. The action was founded on an instrument of writing, signed by John Long, . dated November 13th, 1797, promising to pay to Robert Long, or order, 31/. 15s. 8d. nine months after date.

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In Error. ERROR to the Common Pleas of Westmoreland county. Robert Long brought an action of debt in the court below against the executor of John Long deceased, to which the pleas were non est factum and payment. The action was founded on an instrument of writing, signed by John Long, . dated November 13th, 1797, promising to pay to Robert Long, or order, 31/. 15s. 8d. nine months after date. The seal was made.by the flourish of a pen, and there were no subscribing Fwitnesses. A witness on behalf of the plaintiff swore that he had frequently seen the testator write, that he was well…

1Opinion of the Court

The opinion of the Court was delivered by Tilghman C. J.

Tilghman C. J.

This is an action of debt on a single bill. The plaintiff produced in evidence an instrument of writing signed by the defendant’s testator, with a seal made by the flourish of a pen, without any subscribing witnesses. The president of the Court of Common Pleas charged the jury that the plaintiff could not recover, because no proof had been given of sealing and delivery. As to the kind of seal, it has been held to be sufficient, and is not now to be questioned. It was once supposed, that a deed could not be good without…

2Cited by6 opinions

  1. Barnard v. KellSupreme Court of Pennsylvania · 1921
  2. Maule v. WeaverSupreme Court of Pennsylvania · 1847
  3. Duncan v. DuncanSupreme Court of Pennsylvania · 1833
  4. Brisbin v. BogolyUnited States District Court · 1944
  5. Coryell v. HolmesTexas Commission of Appeals · 1879

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